IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRL.P.No.6523/2018 BETWEEN:
1. Sri A.V.Nanjegowda, S/o late Venkatappa, Aged about 59 years.
2. Smt. Kanthamma, W/o A.V.Nanjegowda, Aged about 46 years.
3. Jithendra, S/o A.V.Nanjegowda, Aged about 24 years. … PETITIONERS All are residing at Abbani village, Huthur Hobli, Kolar Taluk – 563 101. (By Sri Veeranna G.Tigadi, Adv.) AND:
State of Karnataka, Rep. by Kolar Rural Police, Kolar Taluk, Rep. by State Public Prosecutor, Hon’ble High Court of Karnataka, Bengaluru – 560 001. … RESPONDENT (By Sri I.S.Pramod Chandra, SPP-II) This criminal petition is filed under Section 438 Cr.PC praying to enlarge the petitioners on bail in the event of their arrest in Cr.No.347/2018 of Kolar Rural Police Station, Kolar for the offence punishable under Sections 323, 326-A & 560 r/w 34 IPC.
This petition coming on for Orders, this day, the Court made the following:
ORDER 1. The petitioners are accused nos.1 to 3 in Crime No.347/2018 registered for the offences punishable under Sections 323, 504, 326(A) & 34 IPC.
2. The FIR was registered based on the compliant lodged by one Smt. Mamatha. In the complaint, it is stated that there was property dispute between the complainant and the family members of the accused. On 12.07.2018 at 8.30 p.m., the complainant heard someone digging the cement in front of her house and when she requested the petitioners herein not to dig the cement, accused no.3 – Jithendra went inside and brought three acid bottles and attacked the complainant and when she tried to protect herself, the acid splashed by accused no.3 spilled on her shoulder, chest and abdomen portion causing severe injuries. She was immediately taken to S.N.R.Hospital for treatment.
3. A reading of the complaint would indicate that the complainant as well as the petitioners were engaged in property dispute. In so far as accused no.3 is concerned, there are specific allegations that he went inside and brought three acid bottles. Though it is generally stated in the complaint that all the three accused attacked the complainant, but the specific allegations are directed only against accused no.3 alleging that the acid thrown by him caused the burns on the shoulder, chest and abdomen portion of the complainant. Even though the incident is stated to have been taken place on 12.07.2018 at 8.30 p.m., the complaint came to be registered only at 13.00 hours on 13.07.2018.
4. Therefore, taking into consideration all the aforesaid facts and circumstances, I am of the view that accused no.1 – Nanjegowda and accused no.2 – Smt. Kanthamma, could be admitted to anticipatory bail. Hence, the following:
ORDER Criminal petition is allowed in part. The petition filed by accused no.3 – petitioner no.3 herein is dismissed. The petition filed by accused no.1/petitioner no.1 and accused no.2/petitioner no.2 viz., A.V.Nanjegowda and Kanthanamma, respectively, is hereby allowed. Petitioner nos.1 & 2 are directed to appear before the Investigating Officer within 15 days from the date of this order and on their appearance, the Investigating Officer shall interrogate them and shall enlarge them on bail on the same day subject to the following conditions:-
a. Petitioner nos.1 & 2 shall furnish a bond in a sum of Rs.1.00 lakh each (Rupees One lakh only) with two sureties for the likesum to the satisfaction of the Investigating Officer;
b. Petitioner nos.1 & 2 shall appear before the Investigating Officer or before the Court as and when required;
c. Petitioner nos.1 & 2 shall not threaten or allure the prosecution witnesses in any manner; and d. Petitioner nos.1 & 2 shall not get themselves involved in similar offences.
Sd/- JUDGE KK